Federal · Title 18 — Crimes and Criminal Procedure

18 U.S.C. § 521: Criminal street gangs

Felony

What this law says, in plain English

Federal law defines criminal street gangs and enhances sentences by up to 10 years for certain felonies committed under gang circumstances, including drug offenses, crimes of violence, human trafficking, and conspiracies.

Read the full statutory text
that has as 1 of its primary purposes the commission of 1 or more of the criminal offenses described in subsection (c); the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subsection (c); and the activities of which affect interstate or foreign commerce. The sentence of a person convicted of an offense described in subsection (c) shall be increased by up to 10 years if the offense is committed under the circumstances described in subsection (d). a Federal felony involving a controlled substance (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )) for which the maximum penalty is not less than 5 years; a Federal felony crime of violence that has as an element the use or attempted use of physical force against the person of another; a Federal offense involving human trafficking, sexual abuse, sexual exploitation, or transportation for prostitution or any illegal sexual activity; and a conspiracy to commit an offense described in paragraph (1), (2), or (3). participates in a criminal street gang with knowledge that its members engage in or have engaged in a continuing series of offenses described in subsection (c); intends to promote or further the felonious activities of the criminal street gang or maintain or increase his or her position in the gang; and an offense described in subsection (c); involving a controlled substance (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )) for which the maximum penalty is not less than 5 years’ imprisonment; or that is a felony crime of violence that has as an element the use or attempted use of physical force against the person of another; any Federal or State felony offense that by its nature involves a substantial risk that physical force against the person of another may be used in the course of committing the offense; or a conspiracy to commit an offense described in subparagraph (A), (B), or (C).

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